손해배상(기)
1. The plaintiff's appeal and the additional selective claims filed by this court are all dismissed.
2. After an appeal is filed.
1. Basic facts
A. On December 201, 201, the Plaintiff and Defendant B agreed between the Plaintiff and Defendant B to transfer the business rights (including the trading place and the outstanding bonds, etc.) of Defendant B, and to transfer the price of KRW 8 million to E’s account (hereinafter “Agreement 1”).
(2) On January 20, 2012, the Plaintiff prepared a notarial deed of a monetary loan agreement with Defendant B and the Plaintiff stating that “The Plaintiff borrowed KRW 6.6 million from E on January 20, 2012, but the Plaintiff shall pay in installments at the last day of February, 2012, KRW 6.6 million as of the last day of February, and KRW 7.4 million as of the last day of January next year, and if the Plaintiff fails to perform the above obligation, it shall be recognized that there is no objection even if it is immediately subject to compulsory execution.”
(3) The Plaintiff paid KRW 31,700,000 in total to E from February 29, 2012 to September 6, 2012.
B. Around July 17, 2012, the Plaintiff and Defendant C agreed with the Plaintiff to acquire the business rights and bonds of the LABD from Defendant C, and agreed with the following content (hereinafter “Article 2 agreement”).
In accordance with a contract for the transfer and takeover of bonds under which the Plaintiff purchases business rights and claims of the instant company and pays the amount thereof to the Defendant, the parties to the method of payment shall agree as follows:
(1) Paragraph (1) [The Plaintiff shall pay 3.4 million won in installments as follows, excluding the money paid by the Plaintiff to Defendant C before July 17, 2012.
The amount payable on October 31, 2012, KRW 300,000,000 won on November 30, 2012, KRW 300,000,000 won on December 31, 2012, KRW 400,000,000 on December 31, 2012 to KRW 100,00 each month from January 1, 2013 to December 31, 2014. ② The amount deposited from “F” in the Plaintiff’s account shall be paid to Defendant C at the time of deposit.
2. The amount of unfair receipt by the Defendant B of this paragraph; and